BAILII: Recent Decisions

Posted October 17th, 2017 in law reports by sally

Court of Appeal (Civil Division)

UBS AG (London Branch) & Anor v Kommunale Wasserwerke Leipzig GmbH [2017] EWCA Civ 1567 (16 October 2017)

Chief Inspector of Education, Children’s Services And Skills v The Interim Executive Board of Al-Hijrah School (Rev 1) [2017] EWCA Civ 1426 (13 October 2017)

Lungowe & Ors v Vedanta Resources Plc & Anor [2017] EWCA Civ 1528 (13 October 2017)

Barclays Wealth Trustees (Jersey) Ltd & Anor v Revenue And Customs [2017] EWCA Civ 1512 (13 October 2017)

Bukovsky v Crown Prosecution Service [2017] EWCA 1529 Civ (13 October 2017)

High Court (Administrative Court)

Tapster v Nursing And Midwifery Council [2017] EWHC 2544 (Admin) (13 October 2017)

General Medical Council v Stone [2017] EWHC 2534 (Admin) (13 October 2017)

High Court (Commercial Court)

Zayo Group International Ltd v Ainger & Ors [2017] EWHC 2542 (Comm) (13 October 2017)

The Kyrgyz Republic v Stans Energy Corporation & Anor [2017] EWHC 2539 (Comm) (13 October 2017)

High Court (Queen’s Bench Division)

Royal Mail Group Ltd v Communication Workers Union [2017] EWHC 2548 (QB) (13 October 2017)

Source: www.bailii.org

Life sentences for killer drivers – Ministry of Justice

Posted October 17th, 2017 in alcohol abuse, dangerous driving, drug abuse, homicide, press releases, sentencing by sally

‘Ministers confirm plans to introduce tougher sentences for those who drive irresponsibly and devastate lives.’

Full press release

Ministry of Justice, 15th October 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims – Litigation Futures

Posted October 17th, 2017 in Civil Justice Council, costs, health, negligence, news by sally

‘The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council (CJC) be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.’

Full Story

Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Junior barristers “bearing the brunt” of pressure in criminal courts – Legal Futures

Posted October 17th, 2017 in barristers, case management, courts, criminal justice, diversity, news by sally

‘ “Concerned words” about diversity and social mobility need to be turned into action through changes to the way the criminal courts operate if junior barristers are to be retained, the Criminal Bar Association has warned.’

Full Story

Legal Futures, 17th October 2017

Source: www.legalfutures.co.uk

Increased sentences for 2 Nottingham child sex offenders – Attorney General’s Office

Posted October 17th, 2017 in appeals, news, sentencing, sexual offences by sally

‘Dobson and Smith had their sentences significantly increased by the Court of Appeal.’

Full Story

Attorney General's Office, 13th October 2017

Source: www.gov.uk

‘Clumsy’ lawyers risk appeals after judge clarifies family court powers – Law Society’s Gazette

Posted October 17th, 2017 in appeals, consent orders, families, news by sally

‘A broad interpretation of the family court’s powers risks creating a surge in appeals if “clumsy” lawyers delve into areas beyond their specialism, solicitors fear.’

Full Story

Law Society's Gazette, 16th October 2017

Source: www.lawgazette.co.uk

Hip implant patients sue manufacturer – BBC News

Posted October 17th, 2017 in consumer protection, health, news, prosecutions by sally

‘Hundreds of people who received allegedly faulty hip replacements are suing the manufacturer at the High Court. The hearing is thought to be one of the largest product liability group actions ever heard in the UK.’

Full Story

BBC News, 16th October 2017

Source: www.bbc.co.uk

NHS data loss scandal deepens with further 162,000 files missing – The Guardian

Posted October 17th, 2017 in data protection, documents, health, hospitals, news by sally

‘The scandal over the biggest ever loss of NHS medical correspondence has deepened with the revelation that a further 162,000 documents went missing, in addition to the 702,000 pieces of paperwork already known to have gone astray.’

Full Story

The Guardian, 16th October 2017

Source: www.theguardian.com

Six County FAs fail to respond to questions on football sex abuse – Daily Telegraph

Posted October 17th, 2017 in disclosure, news, sexual offences, sport by sally

‘The failure by some to cooperate with the independent review into the game’s child sexual abuse scandal was laid bare again on Monday night after it emerged six County Football Associations had not responded to requests for information five months after being asked to do so.’

Full Story

Daily Telegraph, 16th October 2017

Source: www.telegraph.co.uk

Ministers urged to ditch plans to cut number of MPs by 50 – The Guardian

Posted October 17th, 2017 in boundaries, constitutional reform, consultations, elections, news, parliament by sally

‘Government does not have parliamentary support for revised boundary changes, which would boost Tory election win chances, say Labour and Lib Dems.’

Full Story

The Guardian, 17th October 2017

Source: www.theguardian.com

Opera singer and film writer ex-boyfriend in High Court battle over who wrote the script to a Hollywood blockbuster – Daily Telegraph

Posted October 17th, 2017 in artistic works, intellectual property, media, news by sally

‘An opera singer is locked in a High Court battle with her film writer former boyfriend over who wrote the script to a Hollywood blockbuster.’

Full Story

Daily Telegraph, 17th October 2017

Source: www.telegraph.co.uk

Should children be heard in English family court cases? – BBC News

Posted October 17th, 2017 in children, family courts, news, treaties, witnesses by sally

‘Children, campaigners and some judges are calling for a change in the law so that children at the heart of family cases in England and Wales can talk in private to the judge if they so choose.’

Full Story

BBC News, 17th October 2017

Source: www.bbc.co.uk

Family in dispute over care of woman with brain damage – The Guardian

Posted October 17th, 2017 in euthanasia, families, health, medical treatment, mental health, news by sally

‘A family is in dispute over the ongoing care of a woman with brain damage who had suggested she would want to die in such circumstances, a court has heard.’

Full Story

The Guardian, 16th October 2017

Source: www.theguardian.com

Peers could be restricted to 15 years in Lords in drive to cut numbers – The Guardian

Posted October 17th, 2017 in news, parliament, peerages & dignities, reports, time limits by sally

‘New peers could be restricted to sitting in the House of Lords for 15 years, rather than being given life peerages, under plans to slash the numbers in the house.’

Full Story

The Guardian, 17th October 2017

Source: www.theguardian.com

Hate-crime prosecutions fall despite spike in reported attacks after Brexit referendum – The Independent

Posted October 17th, 2017 in hate crime, news, prosecutions, statistics by sally

‘The number of hate crimes prosecuted last year dropped despite a spike in reported attacks in the wake of the EU referendum, new figures show.’

Full Story

The Independent, 17th October 2017

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 16th, 2017 in legislation by sally

The Democratic People’s Republic of Korea (European Union Financial Sanctions) (Amendment) (No. 4) Regulations 2017

The Offshore Asset Moves Penalty (Specified Territories) (Amendment) Regulations 2017

The Sections 106B, 106C and 106D of the Taxes Management Act 1970 (Specified Threshold Amount) Regulations 2017

The Adoption and Children Act Register (Search and Inspection) Regulations 2017

The Agricultural Holdings (Units of Production) (England) Order 2017

The Social Security (Qualifying Young Persons Participating in Relevant Training Schemes) (Amendment) Regulations 2017

The Criminal Justice (Sentencing) (Licence Conditions) (Amendment) Order 2017

Source: www.legislation.gov.uk

Conscientious objection again: Adyan v Armenia – Law & Religion UK

‘In Adyan and Ors v Armenia [2017] ECHR 882, four Jehovah’s Witnesses had been convicted and imprisoned for refusing to perform either military or alternative civilian service.’

Full Story

Law & Religion UK, 16th October 2017

Source: www.lawandreligionuk.com

Bar Council say BSB registration plan risks deterring barristers from youth court work – Legal Futures

Posted October 16th, 2017 in advocacy, barristers, news, remuneration, youth courts by sally

‘The Bar Council has strongly attacked a plan by the Bar Standards Board (BSB) for the compulsory registration of youth court advocates, the first scheme of its type.’

Full Story

Legal Futures, 16th October 2017

Source: www.legalfutures.co.uk

What’s in a Word? Home Office Lose Torture Definition Case – RightsInfo

‘Last week, the Home Office lost a case over its controversial definition of “torture,” which the High Court ruled was unlawful.’

Full Story

RightsInfo, 16th October 2017

Source: rightsinfo.org

Man jailed for fatally stabbing father on busy high street in London – The Guardian

Posted October 16th, 2017 in homicide, imprisonment, London, news, sentencing by sally

‘An insurance worker who stabbed a father to death on a busy high street while his seven-year-old daughter was buying sweets has been jailed for 18 years.’

Full Story

The Guardian, 13th October 2017

Source: www.theguardian.com